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A. General: Where the city council finds that extraordinary hardships or practical difficulties may result from strict compliance with this title and/or the purposes of the regulations in this title may be served to a greater extent by an alternative proposal, the city council may approve variations to these subdivision regulations so that substantial justice may be done and the public interest secured provided that such variation shall not have the effect of nullifying the intent and purpose of these regulations; and further provided that the city council shall not approve variations unless it shall make findings based upon evidence presented to it in each specific case that:
1. The granting of the variation will not be detrimental to the public safety, health, or welfare or injurious to other property located in the vicinity of the property in question;
2. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable generally to other property;
3. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations in this title is carried out;
4. The variations will not in any manner vary from the provisions of the code on zoning regulations and/or the official city of Chenoa comprehensive plan adopted by the city.
The planning commission shall notify the owner or subdivider and other interested parties as to the time and place of the meeting at which the variation is being considered and where the owner or subdivider and other interested parties will be afforded an opportunity of being heard. Such notice shall be published, posted or delivered and in such form as prescribed by the city attorney and the expense of any publication to be borne by the petitioner.
B. Conditions: In approving variations, the city council may require such conditions as will in its judgment, secure substantially the objectives of the standards or requirements of this title.
C. Procedures: A petition for any such variation shall be submitted in writing by the subdivider at the time when the preliminary plan is filed for the consideration of the planning commission. Such petition shall state fully the grounds for the application and all facts relied upon by the petitioner. The planning commission may recommend variations from the regulations of this title in specific cases which, in the planning commission's opinion, meet the standards for granting variations as provided in subsection A of this section. (Ord. 542, 11-26-2007)